Environmentally Preferable Purchasing (EPP) | MOCS

Mayor's Office of Contract Services


EPP

Prevailing & Living Wages
Project Labor Agreements
Apprenticeship Requirements
Food Policy Standards
Legislative and Regulatory Reforms
Executive Order 42 of 2019
PPB
EPP

Prevailing & Living Wages

Project Labor Agreements

Apprenticeship Requirements

Food Policy Standards

Legislative and Regulatory Reforms

Executive Order 42 of 2019

PPB

EPP


Environmentally Preferable Purchasing (EPP)

Environmentally Preferable Purchasing (EPP) focuses on the human health and environmental impact of goods and products purchased by selecting products that are more environmentally preferable to others. This environmental purchasing program takes into account several factors, such as waste production, energy and water use, greenhouse gas emissions, indoor air quality, recycled and reused content and the presence of hazardous substances.

The City has developed minimum standards for certain goods and construction products based on their human health and environmental impact. Any City agency procuring one of these goods or products must include specifications in their procurement that meet or exceed these standards.

All goods covered by the EPP standards fall within the purview of DCAS, because DCAS is the City's major purchaser of commodities. Goods covered by the EPP standards can be obtained by City agencies through citywide requirement contracts awarded by DCAS.

Packaging Reduction Law (Local Law 51 of 2011)

Pursuant to Local Law 51 of 2011, codified at § 6-317 of the New York City Administrative Code, The Mayor's Office of Contract Services ("MOCS") has collaborated with the Mayor's Office of Long Term Planning and Sustainability ("OLTPS") to formulate Packaging Reduction Guidelines (the "Guidelines"). The Guidelines apply to all contracts entered into by City agencies for the purchase of goods over $100,000, are intended to encourage vendors to reduce unnecessary waste, and are posted below. Generally, whenever practicable, vendors are encouraged to: (1) eliminate packaging or use the minimum amount necessary for product protection; (2) use packaging that is recyclable or reusable; and (3) reuse pallets and packaging materials.

While the Guidelines are advisory, the law mandates their reference in conjunction with any request for bids for the purchase of goods over $100,000. We have provided model language below to assist you with incorporating the Guidelines into your requests for bids.

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Model Lanuage to be included with requests for bids for goods contracts over $100,000

Packaging Reduction Guidelines

Pursuant to Local Law 51 of 2011, codified at section 6-317 of the New York City Administrative Code, the Packaging Reduction Guidelines for New York City agencies, shall apply, whenever practicable, to contracts entered into by City agencies for the purchase of goods over $100,000. The Guidelines are intended to encourage vendors to reduce unnecessary waste.

Capital Green Buildings Laws

The City Capital Green Building Program is an effort by the City to ensure that most capital projects it owns, or funds are designed and constructed to be more energy efficient. This effort was first undertaken in 2005 with the passing of Local Law 86 and has been expanded through enactment of Local Laws 31 and 32 of 2016, and Local Law 51 of 2023. These laws require more stringent green building design and energy efficiency standards for City-funded capital projects. To stay informed about the NYC Capital Green Buildings laws and associated procurement requirements, please explore the resources on the Mayor’s Office of Environmental Coordination website.

Environmentally Preferable Purchasing ("EPP") Laws (Local Laws 118, 119, 120, 121, & 123 of 2005, and Local Laws 111 and 112 of 2021)

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Local Law 118 of 2005

Local Law 118, codified at §§ 6-301 – 305 of the New York City Administrative Code, lays out definitions (§ 6-301), applicability (§ 6-302), and exemptions and waivers (§ 6-303) in relation to the EPP laws, as well as establishes a director of citywide environmental purchasing (§ 6-304) and standards for agency implementation of the EPP laws (§ 6-305).

Local Law 119 of 2005

Local Law 119, codified at §§ 6-306 – 307 of the New York City Administrative Code, regulates the purchase and lease of energy efficient products. Section 6-306 establishes energy efficiency standards for the procurement of certain products, including standards for compliance with the U.S. Environmental Protection Agency's Energy Star program and the U.S. Department of Energy's Federal Energy Management Program and a prohibition on incandescent lamps when an efficient alternative exists. Section 6-307 imposes standards for office equipment energy use reduction. (See also Title 43 § 11-8 of the Rules of the City of New York, referenced below).

Local Law 120 of 2005

Local Law 120, codified at §§ 6-311 – 315 of the New York City Administrative Code, regulates the reuse and recycling of electronic devices (§ 6-311), establishes standards for the hazardous content of electronic devices (§ 6-312), the volatile organic compounds and other airborne hazards in carpeting products, architectural coatings, construction, and furnishing materials (§ 6-313), and the energy efficiency of mercury-added lamps (§ 6-314), and imposes restrictions on the purchase and lease of materials containing dioxin or dioxin-like compounds and urea-formaldehyde resins (§ 6-315). (See also Title 43 §§ 11-4 – 7 of the Rules of the City of New York, referenced below).

Local Law 121 of 2005

Local Law 121, codified at §§ 6-308 – 310 of the New York City Administrative Code, establishes standards for the minimum recycled content of certain paper products, office supplies, landscaping products, construction materials, and other manufactured materials and products (§ 6-308). It also imposes requirements for printing on recycled paper (§ 6-309), including requiring that documents, reports and solicitations prepared for and by City agencies be printed double-sided on recycled paper and that pre-printed paper indicate its recycled content (§ 6-309). Finally, Local Law 121 requires that printers and copiers be capable of double-sided printing and be set by default for double-sided printing to reduce paper waste (§ 6-310). (See also Title 43 § 11-9 of the Rules of the City of New York, referenced below).

Local Law 123 of 2005

Local Law 123, codified at § 6-316 of the New York City Administrative Code, pertains to green cleaning. It establishes a pilot program requiring the purchase and use of environmentally preferable alternatives to products that are commonly used for routine tasks such as cleaning, maintaining interior building finishes, etc. (See also Title 43 § 11-10 of the Rules of the City of New York, referenced below).

Local Law 111 of 2021

Local Law 111, codified at §§ 6-301 – 318 of the New York City Administrative Code, amended Local Laws 118, 119, 120, 121, and 123 of 2005. It required the total value of all contracts that comply with EPP standards. It also required a list of corresponding solicitations that include any EPP product and the standard in an annual report.

Local Law 112 of 2021

Local Law 112 pertains to citywide agency textile purchasing. It requires a report regarding agency purchases of textile goods. It establishes a task force that will publish a report assessing agency needs for textiles, forecast such needs for textiles in the next ten years, and issue guidelines for extending the use phase of textiles, reducing environmental impact of use phase of textiles and environmentally preferable methods of disposal.

In compliance with Local Law 112 of 2021, a report containing information about agency purchases is published below.

Local Law 112 of 2021 - Textile Report

Environmentally Preferable Purchasing Rules

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Title 43, Chapter 11 of the Rules of the City of New York

§ 11-1: Definitions

§ 11-2: Applicability, exemptions, and waivers

§ 11-3: Hazardous content of electronic devices

§ 11-4: Establishes standards on volatile organic compounds and other airborne hazards in carpeting products, architectural coatings, construction, and furnishing materials.

§ 11-5: Establishes energy efficiency and mercury content standards for mercury added lamps.

§ 11-6: Establishes standards for the reduction of urea-formaldehyde resins for composite or agrifiber products.

§ 11-7: Establishes standards for the reduction of dioxin-producing compounds for paper products.

§ 11-8: Establishes energy and water efficiency standards for products pursuant to the federal Energy Star and the Federal Energy Management programs.

§ 11-9: Establishes minimum recycled content standards for products listed in the federal Comprehensive Procurement Guidelines.

§ 11-10: Establishes compliance standards for green cleaning products and air freshening products.

EPP Minimum Standards for Goods

The New York City Environmentally Preferable Purchasing (EPP) Minimum Standards for Goods contains a complete list of goods covered by the environmentally preferable purchasing laws and incorporates all applicable standards specified or referenced in the laws and EPP rules. When a City agency purchases any good, it must review the index to this book to determine whether an EPP standard exists for that product. If a standard does exist, the agency must include specifications in the procurement that meet or exceed the standards in the New York City EPP Minimum Standards for Goods, unless an EPP exemption or waiver applies. In the event that an exemption or waiver applies, the agency may omit the EPP standards.

EPP Minimum Standards for Construction

The New York City Environmentally Preferable Purchasing (EPP) Minimum Standards for Construction contains a list of products that may be specified in construction contracts covered by the EPP laws and provides the applicable minimum standards referenced in the laws. When a City agency prepares specifications for a construction contract, it must review the index to this book to determine whether an EPP standard exists for that product. If a standard does exist, the agency must include specifications in the procurement that meet or exceed the standards in the New York City EPP Minimum Standards for Construction, unless an EPP exemption or waiver applies. In the event that an exemption or waiver applies, the agency may omit the EPP standards.

If you have any questions about environmentally preferable purchasing, please contact the Mayor's Office of Contract Services.